GOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third may be denominated MARTIAL LAW PROPER,... The North American Review - Seite 5481896Vollansicht - Über dieses Buch
| 1896 - 780 Seiten
...was always administered. And so in the case of a foreign invasion, martial law may become a neces. sity in one State, when, in another, it would be '...that the opinion of the majority presents the true doctrine—that of necessity. There is a difference of views as to whether the fact that the courts... | |
| 1896 - 818 Seiten
...as a legislative act and martial law as founded in necessity. He expressed it in this language: "It is called into action by Congress, or temporarily,...adequately secures public safety and private rights." To the theory of the martial-law power of Congress others, however, add the further principle that... | |
| United States. Supreme Court - 1867 - 732 Seiten
...express or implied sanction of Congress; while the third may be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights. "We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
| George Washington Paschal - 1868 - 538 Seiten
...action of Congress cannot be invoked, and in the case of justifying or excusing peril, by the 118, 119. President, in times of insurrection or invasion, or...adequately secures public safety and private rights. This was intended as a constitutional safeguard in the trial of What WM those cases for which it was... | |
| George Washington Paschal - 1868 - 438 Seiten
...action of Congress cannot be invoked, and in the case of justifying or excusing peril, by the 118, 119. President, in times of insurrection or invasion, or...adequately secures public safety and private rights. This was intended as a constitutional safeguard in the trial of What was those cases for which it was... | |
| William Whiting - 1871 - 728 Seiten
...express or implied sanction of Congress ; while the third may be denominated Martial Law Proper, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights. and support armies and to declare war, if not from its constitutional authority to provide for governing... | |
| James Abram Garfield - 1871 - 276 Seiten
...invited, and in the case of* justifying or excusing peril, by the President, in times of in«urrectipn or invasion, or of civil or foreign war, within districts...adequately secures public safety and private rights. "We think that the power of Congress, in puch times and in such localities to authorize trial for crimes... | |
| William Woods Holden - 1871 - 1080 Seiten
...invited, and in the case of jnrtify" ing or excusing peril, by the president, in times of in»urrec" tion or invasion, or of civil or foreign war, within districts...adequately secures " public safety and private rights. " We think that the power of congress, in such times and iu " such localities, to authorize trials... | |
| Edward McPherson - 1871 - 678 Seiten
...the President, in times of insurrection or invasion, or of civil or foreign war, within district» or localities where ordinary law no longer adequately secures public safety and private righte. We think that the power of Congress, in such times and in such localities, to authorize triaU... | |
| Edward McPherson - 1875 - 664 Seiten
...express or implie<J sanction of Congress; while the third may be denominated MARTIAL LAW ?RO?ER, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights. In Indiana the judges and officers of the courts were loyal to the Government. But it might have been... | |
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